Criminal Defense Attorneys Blog

Knowing the DA's strategy makes winning a DWI Blood Test case much easier. The primary strategy for a Tarrant County DWI Lawyer to recognize is how the DA tries to portray the DWI Blood Test. Many times, the DA will try to claim that the lab that tested the blood is a 'certified' lab and therefore you should trust the DWI Blood Test. However, this is NOT the law. Put…

Understanding statutes and case law is crucial to winning a DWI blood test case. One of the most important laws about DWI blood tests tends to go overlooked. That section says that a DWI blood test "must be taken in a sanitary place." Though this statute is in the Transportation Code, neither it nor the Penal Code define sanitation. However, the Health and Safety Code defines 'sanitary' as "a condition…

An instrument, or machine, specifically - the gas chromatograph, requires validation before labs may use it for reporting forensic blood results. ANSI/ASB 036 sets forth standards that serve as a minimum for ensuring that a machine can produce accurate results.  The most frequent issue I have run into with my cases when an expert analyzes the discovery is lack of proper validation on the machine. For example, it cannot properly…

Gas Chromatograph- the type of machine used for DWI blood tests Did you know that you have the right to re-test a DWI Blood Test? Re-test of the Blood Taken By Officers There are two primary ways to get a re-test. The first, and most common, is to ask the court to re-test one of the DWI Blood Test vials that officers obtained the night of arrest. When officers get…

What are Lesser Included Charges? Lesser Included Charges are charges that are related to your current charge, but of a typically lower range of punishment. An example might be manslaughter as a lesser included offense of murder. Manslaughter has a different required mental state (reckless) than murder (intentional or knowing), but a same end result (death). Another example would be assault by contact as a lesser included of assault involving…

Repeat and Habitual Offenders face greater punishment, including the possibility of 25 to 99 years of prison! Repeat and Habitual Offenders are enhancement paragraphs that the State may add to an indictment like a deadly weapon enhancement. Both enhancements deal with those who have one or more felony convictions on their records. A Repeat offender is, simply, a person who has one prior felony conviction. Conversely to how "attempt" lowers…

When it comes to Interlock and DWI Convictions, please be warned that the law gives judges a large amount of discretion for first time DWIs. For misdemeanor (DWI#2) or felony  repetition DWIs (3rd or more), the law requires an interlock as a condition of probation. The same is true for DWI with BAC double the limit (.15 or more) or for DWIs by minors. Some courts may allow for alternatives…

Expunction for Gun Convictions: The Updated Statute The law for expunction for gun convictions recently changed when 'constitutional carry' became the law. According to the updated expunction statute, certain Unlawful Carrying Weapon convictions became eligible if those convictions occurred before September 1, 2021. The UCW convictions that the updated expunction statute covers are those for carrying handguns when they are not on their own property (or property owned by them),…

Here is a word of warning for the ALR Notice of Suspension. PLEASE MAKE SURE THE ADDRESS ON YOUR LICENSE IS THE SAME AS WHERE YOU RECEIVE MAIL. Or, at the very least, that you have the ability to receive mail at the address on your license. ALR Notice of Suspension for "Blood Consent" Cases On "blood consent" ALR cases (where police do not need to get a warrant to…